Karnataka High Court
K.V. Rajagopal Reddy vs State Of Karnataka on 28 September, 2016
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 28TH DAY OF SEPTEMBER 2016
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.7366 OF 2013
CONNECTED WITH
CRIMINAL PETITION No.7367 OF 2013
CRIMINAL PETITION No.7515 OF 2013
CRIMINAL PETITION No.7516 OF 2013
CRIMINAL PETITION No.7517 OF 2013
CRIMINAL PETITION No.7550 OF 2013
CRIMINAL PETITION No.7551 OF 2013
CRIMINAL PETITION No.7596 OF 2013
CRIMINAL PETITION No.7597 OF 2013
CRIMINAL PETITION No.8014 OF 2013
CRIMINAL PETITION No.8015 OF 2013
CRIMINAL PETITION No.152 OF 2014
2
CRIMINAL PETITION No.7372 OF 2013
CRIMINAL PETITION No.7696 OF 2013
CRIMINAL PETITION No.7698 OF 2013
CRIMINAL PETITION No.7699 OF 2013
CRIMINAL PETITION No.7700 OF 2013
CRIMINAL PETITION No.7701 OF 2013
CRIMINAL PETITION No.7702 OF 2013
CRIMINAL PETITION No.7708 OF 2013
CRIMINAL PETITION No.7709 OF 2013
CRIMINAL PETITION No.7710 OF 2013
CRIMINAL PETITION No.7711 OF 2013
CRIMINAL PETITION No.7712 OF 2013
CRIMINAL PETITION No.7717 OF 2013
CRIMINAL PETITION No.7718 OF 2013
CRIMINAL PETITION No.7719 OF 2013
CRIMINAL PETITION No.7720 OF 2013
CRIMINAL PETITION No.7721 OF 2013
CRIMINAL PETITION No.7741 OF 2013
3
CRIMINAL PETITION No.7742 OF 2013
CRIMINAL PETITION No.7743 OF 2013
CRIMINAL PETITION No.7744 OF 2013
CRIMINAL PETITION No.7826 OF 2013
CRIMINAL PETITION No.7889 OF 2013
CRIMINAL PETITION No.7890 OF 2013
CRIMINAL PETITION No.8142 OF 2013
CRIMINAL PETITION No.8218 OF 2013
CRIMINAL PETITION No.8219 OF 2013
IN CRL.P.No.7366/2013
BETWEEN:
K.V.Rajagopal Reddy,
Son of Late Vengala Reddy K.,
Aged about 55 years,
Residing at No.1,
'Sri Bhagavathi',
Panathur Road,
Near Bellandur Lake,
Yamalur Post,
Bangalore - 560 037.
...PETITIONER
(By Shri S. Vijay Shankar, Senior Advocate for
Shri Narayana Reddy M., Advocate)
4
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City-560 077.
2. Kattunilath Geevarghese Abraham,
Son of Thomas Geevarghese,
Aged about 58 years,
Residing at Kattunilathu Puthenpurayil,
Naranam West Post,
Tiruvalla, District Pathanamthitta,
Kerala 620 003.
Represented by his P.A. Holder,
Thomas Varghese,
Son of K.T.Geevarugese,
Resident of Kattunilathu Puthenpurayil Veettil,
Nirranam Central,
Thiruvall Post,
Pathanamthitta District,
Kerala - 620 003.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52712/2013 and FIR in Crime No.145/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 420 read
with 107, 115, 116(1), 117, 118, 120 and 120(B) of IPC against
5
the petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.7367/2013
BETWEEN:
K.V.Rajagopal Reddy,
Son of Late Vengala Reddy K.,
Aged about 55 years,
Residing at No.1,
'Sri Bhagavathi',
Panathur Road,
Near Bellandur Lake,
Yamalur Post,
Bangalore - 560 037.
...PETITIONER
(By Shri S. Vijay Shankar, Senior Advocate for
Shri Narayana Reddy M., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City,
PIN 560 077.
2. George Varghese,
Son of T.V.George,
Aged about 59 years,
Residing at Thyaparampil House,
Kumbanand Post,
Thiruvalla,
Kerala - 620 003.
6
Represented by his P.A. Holder,
Thomas Varghese,
Son of K.T.Geevarugese,
Resident of Kattunilathu Puthenpurayil Veettil,
Nirranam Central,
Thiruvall Post,
Pathanamthitta District,
Kerala - 620 003.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52711/2013 and FIR in Crime No.144/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 420 read
with 107, 115, 116(1), 117, 118, 120 and 120(B) of IPC against
the petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.7515/2013
BETWEEN:
K.V.Rajagopal Reddy,
Son of Late Vengala Reddy K.,
Aged about 55 years,
Residing at No.1,
'Sri Bhagavathi',
Panathur Road,
7
Near Bellandur Lake,
Yamalur Post,
Bangalore - 560 037.
...PETITIONER
(By Shri S. Vijay Shankar, Senior Advocate for
Shri Narayana Reddy M., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City-560 077.
2. A. Munireddy,
Son of Late Avalappa,
Aged about 62 years,
Residing at Bangalore - 560 080.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52655/2013 and FIR in Crime No.141/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 420,
107, 115, 116(1), 117, 118, 120 and 120(B) of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
8
IN CRL.P.No.7516/2013
BETWEEN:
K.V.Rajagopal Reddy,
Son of Late Vengala Reddy K.,
Aged about 55 years,
Residing at No.1,
'Sri Bhagavathi',
Panathur Road,
Near Bellandur Lake,
Yamalur Post,
Bangalore - 560 037.
...PETITIONER
(By Shri S. Vijay Shankar, Senior Advocate for
Shri Narayana Reddy M., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City- 560 077.
2. Stephen K Varghese,
Son of Thomas Varghese,
Aged about 67 years,
Residing at P.O.Box 2877,
A1-Geemi & Partners Con. Co
LLC, Abu-Dhabi, UAE.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
9
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52654/2013 and FIR in Crime No.140/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 420,
107, 115, 116(1), 117, 118, 120 and 120(B) of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.7517/2013
BETWEEN:
K.V.Rajagopal Reddy,
Son of Late Vengala Reddy K.,
Aged about 55 years,
Residing at No.1,
'Sri Bhagavathi',
Panathur Road,
Near Bellandur Lake,
Yamalur Post,
Bangalore - 560 037.
...PETITIONER
(By Shri S. Vijay Shankar, Senior Advocate for
Shri Narayana Reddy M., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
10
Bangalore City,
PIN 560 077.
2. Thomas Malayil Mathews,
Son of Late Valikalayil Thomas
Mathai, aged about 56 years,
Residing at Valikalayil House,
Kalleli Post, Konny 1,
Pathanamthitta,
Kerala.
Represented by his P.A. Holder,
Cynthia Monteiro,
Daughter of K.V.Augustin,
Aged about 49 years,
Resident of Casmir Compound,
Attavara Babu Gudda,
Railway Road,
Mangalore - 575 001.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52710/2013 and FIR in Crime No.143/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 420,
107, 115, 116(1), 117, 118, 120 and 120(B) of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
11
IN CRL.P.No.7550/2013
BETWEEN:
K.V.Rajagopal Reddy,
Son of Late Vengala Reddy K.,
Aged about 55 years,
Residing at No.1,
'Sri Bhagavathi',
Panathur Road,
Near Bellandur Lake,
Yamalur Post,
Bangalore - 560 037.
...PETITIONER
(By Shri S. Vijay Shankar, Senior Advocate for
Shri Narayana Reddy M., Advocate)
12
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City.
2. Mr. Benny Thomas,
Aged about 52 years,
Son of K.C.Thomas,
Residing at Dar Akbar A1-Kaleej,
P.O.Box No.5300,
Manama, Kingdom Bahrain,
Represented by
Mr.P.O.Rajan.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.2)
*****
13
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52841/2013 and FIR in Crime No.164/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 420,
107, 115, 116(1), 117, 118, 120 and 120(B) of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.7551/2013
BETWEEN:
K.V.Rajagopal Reddy,
Son of Late Vengala Reddy K.,
14
Aged about 55 years,
Residing at No.1,
'Sri Bhagavathi',
Panathur Road,
Near Bellandur Lake,
Yamalur Post,
Bangalore - 560 037.
...PETITIONER
(By Shri S. Vijay Shankar, Senior Advocate for
Shri Narayana Reddy M., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City 560 077.
2. Mulapurathukadavil George Iype,
Aged about 59 years,
Son of Idikula Iype,
Residing at Mulapurathukadavil
Mariyil Kadapura Village,
Taluk Tiruvalla,
District Pathanamthitta,
Kerala
(Pin code not known to the
Petitioner)
Represented by his GPA Holder,
Mr. Gino Jim George.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri B.M.Ramesha, Advocate for Respondent No.2)
15
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52793/2013 and FIR in Crime No.163/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 420,
107, 115, 116(1), 117, 118, 120 and 120(B) of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.7596/2013
BETWEEN:
K.V.Rajagopal Reddy,
Son of Late Vengala Reddy K.,
Aged about 55 years,
Residing at No.1,
'Sri Bhagavathi',
Panathur Road,
Near Bellandur Lake,
Yamalur Post,
Bangalore - 560 037.
...PETITIONER
(By Shri S. Vijay Shankar, Senior Advocate for
Shri Narayana Reddy M., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City 560 077.
2. Smt. Accamma Sam Jacob,
Wife of Shri Joy Sam Jacob,
16
Aged about 59 years,
Resident of Toronto, Canada,
Permanent resident of
Kooroppada Post,
Pampady,
Kottayam District,
Kerala (India).
(pin code not known to the
Petitioner)
Represented by her
P.A.Holder,
Smt. Mariamma Varghese.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52792/2013 and FIR in Crime No.162/2013 for the
offences punishable under Sections 379, 381, 415, 420, 409,
463, 465, 466, 467, 468, 471, 474, 477, 107, 115, 116(1),
117,118, 120 and 120(B) of IPC against the petitioner pending
on the file of the XI Additional Chief Metropolitan Magistrate,
Bangalore City.
IN CRL.P.No.7597/2013
BETWEEN:
K.V.Rajagopal Reddy,
Son of Late Vengala Reddy K.,
17
Aged about 55 years,
Residing at No.1,
'Sri Bhagavathi',
Panathur Road,
Near Bellandur Lake,
Yamalur Post,
Bangalore - 560 037.
...PETITIONER
(By Shri S. Vijay Shankar, Senior Advocate for
Shri Narayana Reddy M., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City 560 077.
2. Mr. Valliathu Varghese Mathew,
Aged about 58 years,
Son of Valliathu Varughese Varughese,
Residing at Valliathu,
Varayannur Post,
Pullad, Thiruvalla,
Kerala,
(Pin Code not known to the
Complainant)
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.2)
*****
18
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52842/2013 and FIR in Crime No.165/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 420,
107, 115, 116(1), 117, 118, 120 and 120(B) of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.8014/2013
BETWEEN:
K.V.Rajagopal Reddy,
Son of Late Vengala Reddy K.,
Aged about 55 years,
Residing at No.1,
'Sri Bhagavathi',
Panathur Road,
Near Bellandur Lake,
Yamalur Post,
Bangalore - 560 037.
...PETITIONER
(By Shri S. Vijay Shankar, Senior Advocate for
Shri Narayana Reddy M., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City 560 077.
2. Mrs. Cecilia Sebastian,
Aged about 42 years,
19
Wife of Christy Joseph Anto Sebastian,
Residing at P.O.Box No.3671,
Al-Quoz Ind. Area-2,
Dubai, UAE,
Presently in Crown Plaza Hotel,
Hennur,
Bangalore.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52948/2013 and FIR in Crime No.171/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 420,
107, 115, 116(1), 117, 118, 120 and 120(B) of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.8015/2013
BETWEEN:
K.V.Rajagopal Reddy,
Son of Late Vengala Reddy K.,
Aged about 55 years,
Residing at No.1,
'Sri Bhagavathi',
Panathur Road,
Near Bellandur Lake,
20
Yamalur Post,
Bangalore - 560 037.
...PETITIONER
(By Shri S. Vijay Shankar, Senior Advocate for
Shri Narayana Reddy M., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City 560 077.
2. George Zacharia Kollenchira,
Son of K.C.Zacharia,
Aged about 58 years,
Resident of Kollanchira House,
Thalavady P.O 689572,
Thalavady Village,
Alleppey District,
Kerala.
Represented by
Mr. Alexander,
Presently at Bangalore.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52947/2013 and FIR in Crime No.170/2013 for the
21
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 420,
107, 115, 116(1), 117, 118, 120 and 120(B) of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.152/2014
BETWEEN:
K.V.Rajagopal Reddy,
Son of Late Vengala Reddy K.,
Aged about 55 years,
Residing at No.1,
'Sri Bhagavathi',
Panathur Road,
Near Bellandur Lake,
Yamalur Post,
Bangalore - 560 037.
...PETITIONER
(By Shri S. Vijay Shankar, Senior Advocate for
Shri Narayana Reddy M., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City - 560 077.
2. Mr. Pradeep Kumar,
Aged about 57 years,
Son of J.N.Malhotra,
Residing at AP-7,
Shalimar Bhag,
22
New Delhi - 110 088.
Presently working at
Kuwait.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.53171/2013 and FIR in Crime No.175/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 420,
107, 115, 116(1), 117, 118, 120 and 120(B) of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.7372/2013
BETWEEN:
K. George Varughese,
Son of K.V.George,
Aged about 53 years,
Resident of Flat No.402,
Jericho Apartment,
Kempegowda Road,
I Main, I Stage,
4th Block, HBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Reuben Jacob, Advocate)
23
AND:
1. The State of Karnataka,
Through Kothanur Police Station,
Represented by its
Public Prosecutor,
High Court of Karnataka,
Bangalore - 560 001.
2. Stephen K. Varghese,
Aged about 67 years,
Son of Thomas Varghese,
Residing at P.O.Box 2877,
Al-Geemi and Partners
Cont. Co. LLC,
Abu Dhabi,
U.A.E.
Presently at Bangalore
(Karnataka)
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to a) quash the PCR
No.52654/2013 lodged by the respondent no.2 on the file of the
court of the XI Additional Chief Metropolitan Magistrate,
Bangalore at Annexure-A to the petition in so far as the
petitioner is concerned. B) quash the order dated 24.10.2013
passed in PCR No.52654/2013 on the file of the XI Additional
Chief Metropolitan Magistrate, Bangalore vide Annexure-B and
24
the FIR lodged by the first respondent police in FIR
No.140/2013 dated 31.3.2013 vide Annexure-C in so far as the
petitioner is concerned.
IN CRL.P.No.7696/2013
BETWEEN:
Sri. K.S.Shankar Reddy,
Aged about 39 years,
Son of K.C.Srinivasa Reddy,
Residing at 3, Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Aravind Reddy H., Advocate)
AND:
1. Musthafa Kaiprath Backer,
Aged about 44 years,
Son of C.K.P.Aboobacker,
Residing at Kolesseri,
Dannanore District,
Kerala - 670 601.
2. State of Karnataka,
Represented by the
Station House Officer,
Kothanur Police,
Bangalore - 560 077.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.2;
25
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.1)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the entire
proceedings in Crime No.146/2013 in PCR No.52736/2013 on
the file of the XI Additional Chief Metropolitan Magistrate,
Bangalore City.
IN CRL.P.No.7698/2013
BETWEEN:
Sri. K.S.Shankar Reddy,
Aged about 39 years,
Son of K.C.Srinivasa Reddy,
Residing at 3, Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Aravind Reddy H., Advocate)
AND:
1. Valiathu Varghese Mathew,
Aged about 58 years,
Son of Valiathu Varughese Varughese,
Residing at Valliathu,
Varayannur Post,
Pullad, Thiruvalla,
Kerala - 560 029.
26
2. State of Karnataka,
Represented by the
Station House Officer,
Kothanur Police,
Bangalore - 560 077.
...RESPONDENTS
(By Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.1;
Shri Chetan Desai, Government Pleader for Respondent No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the entire
proceedings in Crime No.165/2013 in PCR No.52842/2013 on
the file of the XI Additional Chief Metropolitan Magistrate,
Bangalore City.
IN CRL.P.No.7699/2013
BETWEEN:
Sri. K.S.Shankar Reddy,
Aged about 39 years,
Son of K.C.Srinivasa Reddy,
Residing at 3, Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Aravind Reddy H., Advocate)
AND:
1. A. Munireddy,
27
Son of Late Avalappa,
Aged about 63 years,
Residing at No.797/113,
1st Cross, HAL III Stage,
Bangalore - 560 075.
2. State of Karnataka,
Represented by the
Station House Officer,
Kothanur Police,
Bangalore - 560 077.
...RESPONDENTS
(By Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.1;
Shri Chetan Desai, Government Pleader for Respondent No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the entire
proceedings in Crime No.141/2013 in PCR No.52655/2013 on
the file of the XI Additional Chief Metropolitan Magistrate,
Bangalore City.
IN CRL.P.No.7700/2013
BETWEEN:
Sri. K.S.Shankar Reddy,
Aged about 39 years,
Son of K.C.Srinivasa Reddy,
Residing at 3, Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043. ...PETITIONER
28
(By Shri Aravind Reddy H., Advocate)
AND:
1. Stephen K Varghese,
Aged about 68 years,
Son of Thomas Varghese,
Residing at PO Box 2877,
Al-Geemi and Partners
Cont. Co. LLC,
Abu Dhabi, UAE.
2. State of Karnataka,
Represented by the
Station House Officer,
Kothanur Police,
Bangalore - 560 077.
...RESPONDENTS
(By Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.1;
Shri Chetan Desai, Government Pleader for Respondent No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the entire
proceedings in Crime No.140/2013 in PCR No.52654/2013 on
the file of the XI Additional Chief Metropolitan Magistrate,
Bangalore City.
IN CRL.P.No.7701/2013
BETWEEN:
Sri. K.S.Shankar Reddy,
Aged about 39 years,
29
Son of K.C.Srinivasa Reddy,
Residing at 3, Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Aravind Reddy H., Advocate)
AND:
1. George Varughese,
Aged about 59 years,
Son of T.V.George,
Residing at Thyaparampil House,
Kumbanad Post,
Thiruvalla,
Kerala - 760 601.
Represented by his P.A.Holder,
Thomas Varughese,
Son of K.T.Veevarughese,
Residing at Kattunilathu Puthenpurayil
Vettil Nerranam Central,
Thiruvalla Post,
Pattanamthitta District,
Kerala - 670 601.
2. State of Karnataka,
Represented by the
Station House Officer,
Kothanur Police,
Bangalore - 560 077.
...RESPONDENTS
(By Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.1;
Shri Chetan Desai, Government Pleader for Respondent No.2)
30
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the entire
proceedings in Crime No.144/2013 in PCR No.52711/2013 on
the file of the XI Additional Chief Metropolitan Magistrate,
Bangalore City.
IN CRL.P.No.7702/2013
BETWEEN:
Sri. K.S.Shankar Reddy,
Aged about 39 years,
Son of K.C.Srinivasa Reddy,
Residing at 3, Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Aravind Reddy H., Advocate)
AND:
1. Benny Thomas,
Aged about 52 years,
Son of K.C.Thomas,
Residing at Dar Akbar Al-Kaleej,
PO Box No.5300,
Manama Kingdom Bahrain,
Represented by
P.O. Rajan.
2. State of Karnataka,
Represented by the
Station House Officer,
Kothanur Police,
31
Bangalore - 560 077.
...RESPONDENTS
(By Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.1;
Shri Chetan Desai, Government Pleader for Respondent No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the entire
proceedings in Crime No.164/2013 in PCR No.52841/2013 on
the file of the XI Additional Chief Metropolitan Magistrate,
Bangalore City.
IN CRL.P.No.7708/2013
BETWEEN:
Sri. K.S.Balasundar Reddy,
Son of K.C.Srinivas Reddy,
Aged about 34years,
Residing at No.3
Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Showri H.R., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore - 560 077.
32
2. Thomas Malayil Mathews,
Son of Late Valikalayil Thomas
Mathai,
Aged about 56 years,
Residing at Valikalayil House,
Kalleli Post, Konny 1,
Pathanamthitta,
Kerala.
Represented by his P.A.Holder,
Cynthia Monteiro,
Daughter of K.V.Augustin,
Aged about 49 years,
Resident of Casmir Compound,
Attavara Babu Gudda,
Railway Road,
Mangalore - 575 001.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Respondent No.2 served and unrepresented)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52710/2013 and FIR in Crime No.143/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 520,
107, 115, 116(1), 117, 118, 120 and 120-B of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.7709/2013
BETWEEN:
Sri. K.S.Balasundar Reddy,
Son of K.C.Srinivas Reddy,
33
Aged about 34years,
Residing at No.3
Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Showri H.R., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City - 560 077.
2. A. Munireddy,
Son of Late Avalappa,
Aged about 62 years,
Residing at 797/1B,
1st Cross, HAL 3rd Stage,
Bangalore - 560 075.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52655/2013 and FIR in Crime No.141/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 520,
107, 115, 116(1), 117, 118, 120 and 120-B of IPC against the
34
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.7710/2013
BETWEEN:
Sri. K.S.Balasundar Reddy,
Son of K.C.Srinivas Reddy,
Aged about 34years,
Residing at No.3
Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Showri H.R., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City - 560 077.
2. George Varghese,
Son of T.V.George,
Aged about 59 years,
Residing at Thyaparampil House,
Kumbanand Post,
Thiruvalla, Kerala.
Represented by his
P.A.Holder,
Thomas Varghese,
Son of K.T.Varghese,
Resident of Katunilathu
Puthenpurayil Veettil,
35
Nirrananm Central, Thiruvall Post,
Pathanamthitta District,
Kerala - 560 601
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52711/2013 and FIR in Crime No.144/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 520,
107, 115, 116(1), 117, 118, 120 and 120-B of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.7711/2013
BETWEEN:
Sri. K.S.Balasundar Reddy,
Son of K.C.Srinivas Reddy,
Aged about 34years,
Residing at No.3
Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Showri H.R., Advocate)
AND:
1. State of Karnataka,
36
By Kothanur Police,
Bangalore City - 560 077.
2. Mr. Valliathu Varghese Mathew,
Aged about 58 years,
Son of Valliathu Varughese Varughese,
Residing at Valliathu,
Varayannur Post,
Pullad, Thiruvalla,
Kerala 560 601.
(Pin code not known to
The complainant)
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52842/2013 and FIR in Crime No.165/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 520,
107, 115, 116(1), 117, 118, 120 and 120-B of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.7712/2013
BETWEEN:
Sri. K.S.Balasundar Reddy,
Son of K.C.Srinivas Reddy,
Aged about 34years,
37
Residing at No.3
Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Showri H.R., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City - 560 077.
2. Stephen K Varghese,
Son of Thomas Varghese,
Aged about 67 years,
Residing at P.O.Box 2877,
Al-Geemi and Partners Cont.
Co LLC, Abu-Dhabi UAE.
Presently at
Bangalore.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52654/2013 and FIR in Crime No.140/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 520,
107, 115, 116(1), 117, 118, 120 and 120-B of IPC against the
38
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.7717/2013
BETWEEN:
Sri. K.S.Balasundar Reddy,
Son of K.C.Srinivas Reddy,
Aged about 34years,
Residing at No.3
Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Showri H.R., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City - 560 077.
2. Musthafa Kaiprath Backer,
Son of CKP Aboobacker,
Aged about 44 years,
Residing at Kollesseri,
Cannanore District,
Kerala 560 061.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri Ramesha B.M., Advocate for Respondent No.2)
39
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52736/2013 and FIR in Crime No.146/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 520,
107, 115, 116(1), 117, 118, 120 and 120-B of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.7718/2013
BETWEEN:
Sri. K.S.Balasundar Reddy,
Son of K.C.Srinivas Reddy,
Aged about 34years,
Residing at No.3
Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Showri H.R., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City - 560 077.
2. Kattunilath Geevarghese Abraham,
Son of Thomas Geevarghese,
Aged about 58 years,
Residing at Kattunilathu Puthenpurayil,
Naranam West Post,
40
Tiruvalla, District Pathanamthitta,
Kerala 620 003.
Represented by his P.A. Holder,
Thomas Varghese,
Son of K.T.Geevarugese,
Resident of Kattunilathu Puthenpurayil Veettil,
Nirranam Central,
Thiruvall Post,
Pathanamthitta District,
Kerala - 620 003.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52712/2013 and FIR in Crime No.145/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 520,
107, 115, 116(1), 117, 118, 120 and 120-B of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.7719/2013
BETWEEN:
Sri. K.S.Balasundar Reddy,
Son of K.C.Srinivas Reddy,
Aged about 34years,
41
Residing at No.3
Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Showri H.R., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City - 560 077.
2. Smt. Accamma Sam Jacob,
Wife of Shri Joy Sam Jacob,
Aged about 59 years,
Resident of Toronto, Canada,
Permanent resident of
Kooroppada Post,
Pampady,
Kottayam District,
Kerala (India).
(pin code not known to the
Petitioner)
Represented by her
P.A.Holder,
Smt. Mariamma Varghese.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri B.M.Ramesha, Advocate for Respondent No.2)
*****
42
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52792/2013 and FIR in Crime No.162/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 520,
107, 115, 116(1), 117, 118, 120 and 120-B of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.7720/2013
BETWEEN:
Sri. K.S.Balasundar Reddy,
Son of K.C.Srinivas Reddy,
Aged about 34years,
Residing at No.3
Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Showri H.R., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City - 560 077.
2. Mulapurathukadavil George Iype,
Aged about 59 years,
Son of Idikula Iype,
Residing at Mulapurathukadavil
43
Mariyil Kadapura Village,
Taluk Tiruvalla,
District Pathanamthitta,
Kerala
(Pin code not known to the
Petitioner)
Represented by his GPA Holder,
Mr. Gino Jim George.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri B.M.Ramesha, Advocate for Respondent No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52793/2013 and FIR in Crime No.163/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 520,
107, 115, 116(1), 117, 118, 120 and 120-B of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.7721/2013
BETWEEN:
Sri. K.S.Balasundar Reddy,
Son of K.C.Srinivas Reddy,
Aged about 34years,
Residing at No.3
Veerabhadra Nilaya,
CMR Garden, 3rd Main,
44
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Showri H.R., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore City - 560 077.
2. Mr. Benny Thomas,
Aged about 52 years,
Son of K.C.Thomas,
Residing at Dar Akbar A1-Kaleej,
P.O.Box No.5300,
Manama, Kingdom Bahrain,
Represented by
Mr.P.O.Rajan.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri B.M.Ramesha, Advocate for Respondent No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52841/2013 and FIR in Crime No.164/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 520,
107, 115, 116(1), 117, 118, 120 and 120-B of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
45
IN CRL.P.No.7741/2013
BETWEEN:
Sri. K.S.Shankar Reddy,
Aged about 39 years,
Son of K.C.Srinivasa Reddy,
Residing at 3, Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Aravind Reddy H., Advocate)
AND:
1. Thomas Malayil Mathews,
aged about 56 years,
Son of Late Valikalayil Thomas
Mathai,
Residing at Valikalayil House,
Kalleli Post, Konny Taluk,
Pathanamthitta,
Kerala 670 601.
Represented by his P.A. Holder,
Mrs.Cynthia Monteiro,
Daughter of K.V.Augustin,
Resident of Casmir Compound,
Attavara Babu Gudda,
Railway Road,
Mangalore - 575 001.
2. State of Karnataka,
46
Represented by the
Station House Officer,
Kothanur Police,
Bangalore - 560 077.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.2;
Respondent no.1 served)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the entire
proceedings in Crime No.143/2013 in PCR No.52710/2013 on
the file of the XI Additional Chief Metropolitan Magistrate,
Bangalore City.
IN CRL.P.No.7742/2013
BETWEEN:
Sri. K.S.Shankar Reddy,
Aged about 39 years,
Son of K.C.Srinivasa Reddy,
Residing at 3, Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Aravind Reddy H., Advocate)
AND:
1. Kattunilath Geevarghese Abraham,
Son of Thomas Geevarghese,
Aged about 58 years,
Residing at Kattunilathu Puthenpurayil,
47
Naranam West Post,
Tiruvalla, Kerala 670 601.
Represented by his P.A. Holder,
Thomas Varghese,
Son of K.T.Veevarugese,
Resident of Kattunilathu Puthenpurayil Veettil
Nirranam Central,
Thiruvalla Post,
Pathanamthitta District,
Kerala - 670 601.
2. State of Karnataka,
Represented by the
Station House Officer,
Kothanur Police,
Bangalore - 560 077.
...RESPONDENTS
(By Shri E.V. Gopalakrishnan Potty, Advocate for Respondent
No.1;
Shri Chetan Desai, Government Pleader for Respondent No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the entire
proceedings in Crime No.145/2013 in PCR No.52712/2013 on
the file of the XI Additional Chief Metropolitan Magistrate,
Bangalore City.
IN CRL.P.No.7743/2013
BETWEEN:
Sri. K.S.Shankar Reddy,
Aged about 39 years,
Son of K.C.Srinivasa Reddy,
48
Residing at 3, Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Aravind Reddy H., Advocate)
AND:
1. Mulapurathukadavil George Iype,
Aged about 59 years,
Son of Idikula Iype,
Residing at Mulapurathukadavil
Mariyil Kadapura Village,
Tiruvalla Taluk,
Pathanamthitta District,
Kerala - 670 601.
Represented by his GPA Holder,
Mr. Gino Jim George.
2. State of Karnataka,
Represented by the
Station House Officer,
Kothanur Police,
Bangalore - 560 077.
...RESPONDENTS
(By Shri B.M.Ramesha, Advocate for Respondent No.1;
Shri Chetan Desai, Government Pleader for Respondent No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the entire
proceedings in Crime No.163/2013 in PCR No.52793/2013 on
the file of the XI Additional Chief Metropolitan Magistrate,
Bangalore City.
49
IN CRL.P.No.7744/2013
BETWEEN:
Sri. K.S.Shankar Reddy,
Aged about 39 years,
Son of K.C.Srinivasa Reddy,
Residing at 3, Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Aravind Reddy H., Advocate)
AND:
1. Smt. Accamma Sam Jacob,
Aged about 59 years,
Wife of Joy Sab Jacob,
Residing at Toronto,
Canada.
Permanently residing at
Kooroppada Post,
Pampady,
Kottayam District,
Kerala 760 608.
Represented by G.P.A.Holder,
Smt. Mariamma Varghese.
2. State of Karnataka,
Represented by the
Station House Officer,
Kothanur Police,
Bangalore - 560 077.
50
...RESPONDENTS
(By Shri B.M.Ramesha, Advocate for Respondent No.1;
Shri Chetan Desai, Government Pleader for Respondent No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the entire
proceedings in Crime No.162/2013 in PCR No.52792/2013 on
the file of the XI Additional Chief Metropolitan Magistrate,
Bangalore City.
IN CRL.P.No.7826/2013
BETWEEN:
Sunny Kulathakal,
Son of Late K.T.George,
Aged about 45 years,
Residing at No.3424,
3rd Cross, 2nd Stage,
10th Main, Indiranagar,
Bangalore - 560 038.
...PETITIONER
(By Shri Dilraj Jude Rohit Sequeira, Advocate)
AND:
1. The State
Represented through the
Inspector of Police,
Banaswadi Police Station,
Represented by the
State Public Prosecutor,
High Court of Karnataka,
Bangalore 560 001.
51
2. Mrs. Cecilia Sebastian,
Wife of Christy Joseph Anto Sebastian,
Aged about 42 years,
Residing at P.B.No.3671,
Al-Quoz, Ind. Area -2,
Dubai, UAE.
Also at
Crown Plaza Hotel,
Hennur,
Bangalore - 560 040.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri E.V.Gopalakrishnan Potty Advocate for Respondent No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the PCR
No.52948/2013 filed by the complainant/respondent no.2 on the
file of the XI Additional Chief Metropolitan Magistrate,
Bangalore and to quash the registration of the FIR in Crime
No.171/2013 dated 3.12.2013 in pursuance of the order passed
in XI Additional Chief Metropolitan Magistrate, Bangalore in
PCR No.52948/2013.
IN CRL.P.No.7889/2013
BETWEEN:
Sri. K.S.Shankar Reddy,
Aged about 39 years,
Son of K.C.Srinivasa Reddy,
Residing at 3, Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
52
...PETITIONER
(By Shri Aravind Reddy H., Advocate)
AND:
1. George Zacharia Kollenchira,
Aged about 58years,
Sonof K.C.Zacharia,
Residing at Kollenchira House,
Thalavady Post,
Alleppy District,
Kerala - 689 572.
Represented by
Mr. Alexander.
2. State of Karnataka,
Represented by the
Station House Officer,
Kothanur Police,
Bangalore - 560 077.
...RESPONDENTS
(By Shri B.M.Ramesha, Advocate for Respondent No.1;
Shri Chetan Desai, Government Pleader for Respondent No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the entire
proceedings in Crime No.170/2013 in PCR No.52947/2013 on
the file of the XI Additional Chief Metropolitan Magistrate,
Bangalore City.
IN CRL.P.No.7890/2013
BETWEEN:
Sri. K.S.Shankar Reddy,
53
Aged about 39 years,
Son of K.C.Srinivasa Reddy,
Residing at 3, Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Aravind Reddy H., Advocate)
AND:
1. Mrs. Cecilia Sebastian,
Aged about 42 years,
Wife of Christy Joseph Anto Sebastian,
Residing at P.O.Box No.3671,
Al-Quoz Ind. Area-2,
Dubai, UAE,
Presently in Crown Plaza Hotel,
Hennur,
Bangalore.
2. State of Karnataka,
Represented by the
Station House Officer,
Kothanur Police,
Bangalore - 560 077.
...RESPONDENTS
(By Shri E.V.Gopalakrishnan Potty, Advocate for Respondent
No.1;
Shri Chetan Desai, Government Pleader for Respondent No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the entire
proceedings in Crime No.171/2013 in PCR No.52748/2013 on
54
the file of the XI Additional Chief Metropolitan Magistrate,
Bangalore City.
IN CRL.P.No.8142/2013
BETWEEN:
Sri. K.S.Shankar Reddy,
Aged about 39 years,
Son of K.C.Srinivasa Reddy,
Residing at 3, Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Aravind Reddy H., Advocate)
AND:
1. Pradeep Kumar,
Aged about 57 years,
Son of J.N.Malhotra,
Residing at AP-7,
Shalimar Bagh,
New Delhi - 110 011.
2. State of Karnataka,
Represented by the
Station House Officer,
Kothanur Police,
Bangalore - 560 077.
...RESPONDENTS
(By Shri Ramesha B.M., Advocate for Respondent No.1;
Shri Chetan Desai, Government Pleader for Respondent No.2)
55
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the entire
proceedings in Crime No.175/2013 in PCR No.53171/2013 on
the file of the XI Additional Chief Metropolitan Magistrate,
Bangalore City.
IN CRL.P.No.8218/2013
BETWEEN:
Sri. K.S.Balasundar Reddy,
Son of K.C.Srinivas Reddy,
Aged about 34years,
Residing at No.3
Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Showri H.R., Advocate)
AND:
1. State of Karnataka,
By Kothanur Police,
Bangalore - 560 077.
2. George Zacharia Kollenchira,
Son of K.C.Zacharia,
Aged about 58 years,
Residing at Kollanchira House,
Thalavady P.O 689 572,
Thalavady Village,
Alleppey District,
56
Kerala.
Represented by Mr. Alexander,
Presently at Bangalore.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri Ramesha B.M., Advocate for Respondent No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52947/2013 and FIR in Crime No.170/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 520,
107, 115, 116(1), 117, 118, 120 and 120-B of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
IN CRL.P.No.8219/2013
BETWEEN:
Sri. K.S.Balasundar Reddy,
Son of K.C.Srinivas Reddy,
Aged about 34years,
Residing at No.3
Veerabhadra Nilaya,
CMR Garden, 3rd Main,
4th Block, HRBR Layout,
Bangalore - 560 043.
...PETITIONER
(By Shri Showri H.R., Advocate)
AND:
57
1. State of Karnataka,
By Kothanur Police,
Bangalore - 560 077.
2. Mrs. Cecilia Sebastian,
Wife of Christy Joseph Anto Sebastian,
Aged about 42 years,
Residing at P.B.No.3671,
Al-Quoz, Ind. Area -2,
Dubai, UAE.
Presently in
Crown Plaza Hotel,
Hennur,
Bangalore - 560 043.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri Ramesha B.M., Advocate for Respondent No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
PCR No.52948/2013 and FIR in Crime No.171/2013 for the
offences punishable under Sections 341, 350, 351, 506, 441,
425, 427, 463, 464, 466, 467, 468, 471, 474, 477, 415, 520,
107, 115, 116(1), 117, 118, 120 and 120-B of IPC against the
petitioner pending on the file of the XI Additional Chief
Metropolitan Magistrate, Bangalore City.
58
These Criminal Petitions coming on for Admission this
day, the court made the following:
ORDER
Heard the learned Senior Advocate Shri S.Vijaya Shankar appearing for the learned Counsel for the petitioners in the first twelve petitions and the learned Counsel for the petitioners in the other petitions and the learned Counsel for the respondents.
2. These petitions are filed by the accused in criminal petitions who are differently arrayed in the several complaints filed. However, the grievance of the complainants appears to be identical. The complainants are said to have purchased the lands described as sites bearing house list numbers of several villages in Hosakote, K.R.Puram and Dodda Gubbi villages. It transpires that the complainants had purchased the house sites 59 through a general power of attorney holder of the original grantees and they were purportedly put in possession of the vacant sites. It is subsequently learnt by them that the house sites formed in the layout, were no longer identifiable, as third parties had intervened and it is in retrospect they learnt that the accused have purchased the same under registered sale deeds in the face of the sale deeds in favour of the complainants and therefore they have alleged offences punishable under the various provisions of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC', for brevity) alleging fraud, forgery, trespass and criminal conspiracy and so on. The court below has, by a cryptic order, directed investigation by the jurisdictional Police under Section 156(3) of the Code of Criminal Procedure, 1973 (Hereinafter referred to as the 'CrPC', for brevity). It is at that stage that the present petitions were filed and interim orders of stay were granted staying further proceedings.
60
3. At the outset, it is to be noticed that the allegations of forgery etc., in respect of the incidental documents pursuant to the registered sale deed in favour of the complainants could not be adjudicated in a criminal case, for the reason that unless the registered sale deed is cancelled and delivered up in terms of Section 31 of the Specific Relief Act, 1963, the same cannot be ignored. The court would not be in a position to proceed on the basis that the sale deeds set up by the complainants are void ab initio. This would again amount to a declaration by a criminal court that the sale is void, which is impermissible. Therefore, in the face of the registered sale deed, which the complainants may claim, was a subsequent conveyance and could not override their sale deeds, which is earlier in point of time, also cannot be readily accepted, since it is an admitted fact that the sale deeds in favour of the complainants is in respect of particular plots of land without reference to any survey number. Admittedly, the lands in question are not converted for non- agricultural purpose. In the face of the further circumstance 61 that the sale deeds in favour of the petitioners herein are in respect of acreage of lands bearing survey numbers, the identity would be a serious matter to assume that the sites purchases by the complainants overlap the lands purchased by the petitioners. This is an area which requires to be adjudicated by a civil court and in the absence of which, a criminal court would hardly be in a position to appreciate the premise under which the complaints are filed. Therefore, the complaints are premature and would lack the basic foundation to demonstrate that the sale deeds of the petitioners are void.
4. Hence, the remedy of the complainants would only be before a civil court, where they would be enabled to have the sale deeds of the petitioners declared as void, if it is their case that they are void and thereafter may pursue all consequential remedies of even criminal prosecution for having proceeded to lay claim to the lands under a void sale deed.
Consequently, the Magistrate having directed investigation by the Police, by a cryptic order, also cannot be 62 sustained, for it is the law laid down by this court as well as the Supreme Court that even for purposes of directing investigation, there ought to be some application of mind not to the degree of taking cognizance of the case, but at least to decide that the matter requires investigation. Even on that ground, the order of the court below is not sustainable. In any event, since the complaint itself was not sustainable, before the court below in the circumstances which are not disputed, the petitions are summarily allowed. The proceedings initiated before the court below in each of these petitions are quashed.
Sd/-
JUDGE nv